State Police: Agbakoba warns against giving governors powers without safeguards

Dr. Olisa Agbakoba, SAN, has warned the Federal Government against approving the state police bill without what he described as constitutional safeguards.

He gave the advice in a post on his X page on Tuesday, referencing an earlier letter he wrote on the matter.

His remarks come days after the Senate passed a bill seeking to amend the 1999 Constitution to establish state police services across Nigeria.

The bill, transmitted by President Bola Tinubu as part of efforts to reform Nigeria’s security architecture, provides for a dual policing system comprising a Federal Police Service and State Police Services.

What Agbakoba is saying

Reacting, the senior lawyer commended the President for transmitting the bill to establish state police.

He added, however, that if implemented correctly, the initiative could bring security closer to the communities that need it most.

• “However, reform is not just about what we create; it is also about what we safeguard,” he said.

He argued that Nigeria has a challenging history of institutions founded on good intentions.

He noted that state electoral commissions and local governments started with promise but ultimately fell under the control of the very executives they were intended to oversee.

• “If state police are handed to governors without constitutional safeguards, they could easily follow this troubling trend, with consequences that could be far more severe,” he warned.

He cited South Africa’s Constitution as a better model, noting that its legislation treats critical institutions as guardians of democracy rather than extensions of the executive branch.

• “These institutions are designed to be independent, secure in their tenure, directly funded, and solely accountable to the legislature,” he stated.

He explained that this framework, as practised in South Africa, should also be applied to the Independent National Electoral Commission, the Economic and Financial Crimes Commission, the Central Bank of Nigeria, and other institutions that remain allegedly vulnerable to executive interference.

Backstory

Nigeria’s policing system is currently controlled by the Federal Government through the Nigeria Police Force. However, worsening security challenges have renewed calls for a decentralised policing structure that allows states to play a more direct role in internal security.

• President Tinubu had earlier described state police as unavoidable in addressing insecurity and urged lawmakers to fast-track the relevant legislation.
• Supporters argue that state police would strengthen local intelligence gathering, improve community-based security, and enable quicker responses to crime and emergencies.
• The President said communities, municipalities, and local government areas would play more active roles in policing responsibilities under the proposed arrangement.

Critics have raised concerns over possible political interference by state governors, funding constraints, and the risk of worsening ethnic or communal tensions.

The Senate’s passage of the bill advances the Federal Government’s push to create a legal framework for state police alongside the existing federal policing system.

What you should know

The proposed amendment comes amid growing concerns over insecurity and mass kidnappings in parts of the country, as calls for decentralised policing continue to gain momentum.

• The amendment is designed to replace the existing single federal policing framework with a dual structure that allows states to establish and operate their own police services alongside the Federal Police Service.
• State governors would appoint Commissioners of Police, subject to recommendations by the National Police Council and confirmation by their respective State Houses of Assembly.
• The proposed law includes restrictions preventing state police from being used against political opponents, activists, journalists, or other persons merely for criticising the government.

The Federal Police Service would retain the power to intervene temporarily in state security affairs under specified conditions.

The renewed push for state police comes as Nigeria faces growing insecurity and mass kidnappings in several parts of the country.

The bill is part of broader efforts to reorganise Nigeria’s policing system, improve public safety, and strengthen the capacity of states and communities to respond to emerging security threats.

Earlier in June, the House of Representatives passed the Constitution Alteration Bill seeking to establish state police in Nigeria.